Marci -- I agree that some religious activism in, say, public schools is an
attempt to promote a religious orthodoxy and discourage religious diversity,
perhaps in response to a perceived loss of cultural power.  Daily
school-sponsored prayers were an attempt to do that on behalf of a generic
theism or "Judeo-Christian" theism.  (Official graduation prayers look less
like a systematic orthodoxy precisely because are one-time rather than
repeated events, but even an orthodoxy at one important event is an
orthodoxy.) 
 
But we can't also deny that some religious anger at the public schools stems
from a real pattern of suppression of individuals' religious practices in
the name of a secular orthodoxy.  For example, the Equal Access Act was a
reaction to repeated instances of schools forbidding religious student
groups to meet while allowing a host of other groups to meet.  Even after
the Act passed, it took another decade of Supreme Court decisions to forbid
such exclusion of private religious activity in situations outside the
spectific terms of the Act.  These were not just isolated instances, but a
widespread pattern of suppression by people who mischaracterized free
religious activity in a public setting as a brand of "establishment."  Do
you debate that point?
 
Tom Berg, University of St. Thomas School of Law, Minneapolis
 

  _____  

From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Sat 3/5/2005 3:57 PM
To: religionlaw@lists.ucla.edu
Subject: Re: Religious Neutrality and Voluntarism


I was making a more historical, sociological point.  There is a parallel
historical development between the development of the disestablishment
doctrine toward a nonendorsement principle and an explosion in diversity.
The two reinforce each other, and the fact of such diversity makes the
arguments for a "Christian" culture or even a "Judeo-Christian" culture
increasingly hollow.  
 
I'm not sure what the disagreement is on intensity.  By most sociological
markers, the U.S. has a more intense set of religious citizens than Europe,
to state it mildly.  It is also more intense than the U.S. observed at the
time of the framing.  Statistically, more people attend church and more
people profess religious belief (though, of course, those beliefs cover a
far broader spectrum).  There is quite fertile sociological and
anthropological work to be done on the co-presence of these three factors:
diversity,  disestablishment or nonendorsement, and a religious culture that
is quite enthusiastic and devout.
 
The public square "agitating" is not in my view solely or even largely a
response to the courts but rather a political play of power.  It is more of
a reaction to diversity and the reduction in numbers and proportional power
of Christians and in particular Protestants.  Within several years,
Protestants will no longer constitute over 50% of the country.  As with all
religious movements, a felt loss of power can trigger a lot of political
activity.
 
Marci 
 

Marci: Do you think it is empirically true that, as you say, "The more the 
>government is constrained to be neutral with respect to religion over the 
>years, the more diversity and intensity of belief this society 
>expresses"?  I suppose I might agree with the diversity point, but 
>intensity I would agree with only in a very limited sense.  Thus, I think 
>Tom is right about the secularizing "slippery slope," if you will (to use 
>a favored phrase of our esteemed moderator).  In addition, much of the 
>public square agitating is clearly a response to what are taken to be 
>hostile governmental -- let's face it, mostly judicial -- rulings. 


 

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